child support

[hkcon]

Nevada, I decided to open a thread here about the child support as I have a couple of questions. our situation now is a no child support/alimony divorce decree with joint custody. Since she has moved, 3 of the 4 children go back and forth between our homes while the 4th stays with me. 1st, does the fact that my 16 yr old now lives with me 100% of the time make it an fait accompli that I am primary? Or does that have to be a change made by the court? 2nd, is the fact that she is no longer contributing to the household a "substantial" change in circumstance in the court's view? 3rd, should I present the court with all the possibilities for child support in case the court rules that way? For instance:
Scenario 1; 1 child primary ($1,200) joint stays the same at $0
Scenario 2; 1 child primary ($1,200) 3 children joint ($1,170)
Scenario 3; 1 child primary ($525 4 @ primary $2100 divided by 4) 3 children joint ($1,170)
Scenario 4; 2 children primary ($1,650) 2 children joint ($990)
Scenario 5; 2 children primary ($1,050 4 @ primary $2,100 divided by 2) 2 children joint ($990)
I put the last 2 scenarios in because the 12 yr old has made it very clear that he does not want to live at Mom's every other week and the court could rule that it is in his best interest to stay with me and not in the same bedroom with his 8 yr old brother 7 yr old sister and 2 dogs in a kennel. These scenarios are just for the situation we find ourselves in right now, if she moves and I get full custody of all of them or she gets full custody of the 3 littles the support would get changed again I suppose.

 

[Zigner]

Nevada, I decided to open a thread here about the child support as I have a couple of questions. our situation now is a no child support/alimony divorce decree with joint custody. Since she has moved, 3 of the 4 children go back and forth between our homes while the 4th stays with me. 1st, does the fact that my 16 yr old now lives with me 100% of the time make it an fait accompli that I am primary? Or does that have to be a change made by the court?

Your court order assigns the primary. A change to that will require a change to the order.

2nd, is the fact that she is no longer contributing to the household a "substantial" change in circumstance in the court's view?

I would think that, yes, their mother moving out of the house could be seen as a substantial change in circumstance.

3rd, should I present the court with all the possibilities for child support in case the court rules that way? For instance:

Your state may have a standard order as well as a child support calculator. With that said, and as I said in your other thread, you should try to hire an attorney for assistance.

 

[LdiJ]

Nevada, I decided to open a thread here about the child support as I have a couple of questions. our situation now is a no child support/alimony divorce decree with joint custody. Since she has moved, 3 of the 4 children go back and forth between our homes while the 4th stays with me. 1st, does the fact that my 16 yr old now lives with me 100% of the time make it an fait accompli that I am primary? Or does that have to be a change made by the court? 2nd, is the fact that she is no longer contributing to the household a "substantial" change in circumstance in the court's view? 3rd, should I present the court with all the possibilities for child support in case the court rules that way? For instance:
Scenario 1; 1 child primary ($1,200) joint stays the same at $0
Scenario 2; 1 child primary ($1,200) 3 children joint ($1,170)
Scenario 3; 1 child primary ($525 4 @ primary $2100 divided by 4) 3 children joint ($1,170)
Scenario 4; 2 children primary ($1,650) 2 children joint ($990)
Scenario 5; 2 children primary ($1,050 4 @ primary $2,100 divided by 2) 2 children joint ($990)
I put the last 2 scenarios in because the 12 yr old has made it very clear that he does not want to live at Mom's every other week and the court could rule that it is in his best interest to stay with me and not in the same bedroom with his 8 yr old brother 7 yr old sister and 2 dogs in a kennel. These scenarios are just for the situation we find ourselves in right now, if she moves and I get full custody of all of them or she gets full custody of the 3 littles the support would get changed again I suppose.

I disagree a bit about mom moving out of the house being a "change in circumstance" (at least for custody purposes). It is not normal nor could a judge actually order that two divorced parents have to share a household, so I doubt that a judge would consider it a change in circumstance for the purposes of taking away joint legal and physical custody. Of your elder son, perhaps if mom has agreed that he is to remain primarily in your custody, but not of the rest of the children. For child support purposes I do agree that it is a substantial change in circumstance that opens the door for a child support order.

I do not think however, that the child support calculation is going to work the way that you think it works. Particularly if one child is living primarily with you but the other children are following a 50/50 timeshare. The calculation is probably going to be complicated as I doubt that any child support calculators deal with that kind of intricacy. Your best bet would be a consult with a local family law attorney.

 

[hkcon]

Your court order assigns the primary. A change to that will require a change to the order.


I would think that, yes, their mother moving out of the house could be seen as a substantial change in circumstance.


Your state may have a standard order as well as a child support calculator. With that said, and as I said in your other thread, you should try to hire an attorney for assistance.

Thank you

 

[hkcon]

I disagree a bit about mom moving out of the house being a "change in circumstance" (at least for custody purposes). It is not normal nor could a judge actually order that two divorced parents have to share a household, so I doubt that a judge would consider it a change in circumstance for the purposes of taking away joint legal and physical custody. Of your elder son, perhaps if mom has agreed that he is to remain primarily in your custody, but not of the rest of the children. For child support purposes I do agree that it is a substantial change in circumstance that opens the door for a child support order.

I do not think however, that the child support calculation is going to work the way that you think it works. Particularly if one child is living primarily with you but the other children are following a 50/50 timeshare. The calculation is probably going to be complicated as I doubt that any child support calculators deal with that kind of intricacy. Your best bet would be a consult with a local family law attorney.

Thank you

 

[not2cleverRed]

I disagree a bit about mom moving out of the house being a "change in circumstance" (at least for custody purposes).

I think you are misunderstanding the situation. https://forum.freeadvice.com/threads/ex-wants-to-move.665403/

Per OP's other thread, they currently live apart in the same town and have joint physical custody, alternating weeks.
Except the oldest of the 4 is actually with OP full time. So the order should be changed to reflect reality of that change. And yes, Mom should have some clearly defined parenting time, even if the 16 year old doesn't want to see her.

And CS should be revisited: the initial determination of 0 was based on joint physical and both parents contributing to maintaining the same household. While I agreed that's stupid, and especially silly once she establishes a separate residence, there is the fact that her income is almost triple OPs. Her moving out creates a greater than 20% change in household income. Due to the income disparity, and the changes in the custody of the eldest child, CS should be revisited. (A side question should be: is the house/mortgage solely in OP's name? Maybe Mom should get the house/buy out OP's share of the equity since she can better afford it than OP. I get wanting to make it easier on the kids, but if you can't afford the house... not dealing with this doesn't do anyone a great favor.)

According to what I've glanced at, even with joint physical custody, due to the income disparity, Mom should be paying more than $0.

However, OP does not seem to be making calculations based on Nevada's CS calculator: https://selfhelpguides.nvcourts.gov/app/run/ChildSupportCalculator/#/1

 

[LdiJ]

I think you are misunderstanding the situation. https://forum.freeadvice.com/threads/ex-wants-to-move.665403/

Per OP's other thread, they currently live apart in the same town and have joint physical custody, alternating weeks.
Except the oldest of the 4 is actually with OP full time. So the order should be changed to reflect reality of that change. And yes, Mom should have some clearly defined parenting time, even if the 16 year old doesn't want to see her.

And CS should be revisited: the initial determination of 0 was based on joint physical and both parents contributing to maintaining the same household. While I agreed that's stupid, and especially silly once she establishes a separate residence, there is the fact that her income is almost triple OPs. Her moving out creates a greater than 20% change in household income. Due to the income disparity, and the changes in the custody of the eldest child, CS should be revisited. (A side question should be: is the house/mortgage solely in OP's name? Maybe Mom should get the house/buy out OP's share of the equity since she can better afford it than OP. I get wanting to make it easier on the kids, but if you can't afford the house... not dealing with this doesn't do anyone a great favor.)

According to what I've glanced at, even with joint physical custody, due to the income disparity, Mom should be paying more than $0.

However, OP does not seem to be making calculations based on Nevada's CS calculator: https://selfhelpguides.nvcourts.gov/app/run/ChildSupportCalculator/#/1

I understood the situation. I also agreed that it was a change in circumstances for child support purposes. You made a really good point about the house. In his past threads I also mentioned to him that he might need to downsize.